Amid escalating partisan rhetoric over the bipartisan goal of protecting U.S. computer systems from terrorist attacks, Texas Kay Bailey Hutchison criticized President Obama for a “heavy handed, regulatory regime” that would be created by an executive order that is in the works.

The executive order comes after Congress failed to pass a cybersecurity bill of its own this summer.

“Following congressional inaction, the president is determined to use existing executive branch authorities to protect our nation against cyber threats,” wrote national security adviser John Brennan in a letter to Jay Rockefeller, chairman of the Senate Commerce Committee.

But Hutchison, along with GOP Sens. John McCain and Saxby Chambliss, issued a joint statement condemning the White House for “skirting congressional action.” saying the executive order neither appropriate nor effective.

“The democratic process ensures that Congress and the president work together, while listening to all those affected by their actions, to find the solution that’s in the best interests of the American people,” the senators wrote in a statement on September 14 to the Wall Street Journal.

The senators argued that an executive order would create an adversarial relationship between the government and the private sector, and called for a bill that would encourage businesses to communicate with the government based on policies that enhance national security and the economy.

“Businesses should not have to choose between sharing cyber-threat information and facing a regulatory backlash,” the joint statement read.

The senators make the case for legislation that would responsibly remove the legal challenges that companies face when sharing information with the government. They also suggest that “cybersecurity and privacy protections can and should coexist” as long there is a clear definition and oversight of what the private sector can and cannot share.

“We must have information sharing because it is the companies at the ground level who are getting these cyber threats, and if they have a reporting system that is voluntary and they have liability protections, we will have a much safer system,” Hutchison told Chris Jansing of MSNBC.